COURT OF CRIMINAL APPEALS OPINIONS

State vs. Reginald Merriweather
W1999-02050-CCA-R3-CD
Authoring Judge: Judge Cornelia A. Clark
Trial Court Judge: John Franklin Murchison
The defendant appeals his jury convictions of attempted second degree murder, aggravated assault, and especially aggravated robbery. He raises the following issues: (1) whether the trial judge erred in denying defendant's request for a mistrial based on a juror's response during voir dire; (2) whether the trial court erred in directing a witness to answer questions on cross-examination; (3) whether the evidence was sufficient to support his convictions; and (4) whether the trial court erred in failing to instruct the jury as to certain lesser-included offenses. The judgment of the trial court is affirmed in part and reversed in part.

Madison Court of Criminal Appeals

State vs. Freddie Norment
W1999-01928-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Jon Kerry Blackwood
The defendant was convicted of aggravated assault for wounding a jail cell mate with a homemade knife. On appeal, the defendant raises the following issues: whether the jury's verdict was supported by the evidence; whether the trial court erred in denying the defendant's motion to examine a potential witness outside the jury's presence; and whether the trial court erred in failing to issue curative jury instructions after the allegedly improper testimony of a prosecution witness. Based upon our review, we affirm the judgment of the trial court.

Fayette Court of Criminal Appeals

State of Tennessee v. Michael Eisom
W1999-00739-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Joseph H. Walker, III

Lauderdale Court of Criminal Appeals

State vs. Sammy Bonds
W2001-02859-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Roy B. Morgan, Jr.
Petitioner, Sammy S. Bonds, appeals the trial court's denial of his petition for post-conviction relief. Petitioner's pro se petition alleges that he received ineffective assistance of counsel. We reject Petitioner's argument and affirm the judgment of the trial court.

Madison Court of Criminal Appeals

Deshawn Mcclenton v. State of Tennessee
W2002-02745-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: Chris B. Craft

Shelby Court of Criminal Appeals

Charles Montague vs. State
E2000-00083-CCA-R3-PC
Authoring Judge: Judge David G. Hayes
Trial Court Judge: Lynn W. Brown
Charles Montague appeals the Washington County Criminal Court's summary dismissal of his pro se post-conviction petition challenging his conviction for first degree murder. The appellant's original and supplemental petitions with attached affidavit present a myriad of claims within the trial process. The post-conviction court dismissed all claims without a hearing, finding the original and supplemental petitions were not properly verified and that the petitions failed to assert a sufficient factual basis for relief. After review of the petition, we affirm the post-conviction court's dismissal of certain claims and vacate its dismissal as to others. The case is remanded to the post-conviction court for further review of the surviving claims.

Washington Court of Criminal Appeals

State vs. Michael Christopher Adams and Jerry Holt
E1999-00446-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Richard R. Vance
The defendants, Michael Christopher Adams and Jerry Holt, Jr., appeal their convictions by a Sullivan County jury. Adams was convicted of second degree murder and four counts of aggravated assault. He received a total sentence of forty-nine years. Holt was convicted of four counts of aggravated assault and received a total sentence of twenty years. Both defendants challenge the sufficiency of the evidence and the trial court's imposition of consecutive sentencing. Adams also challenges the trial court's application of enhancement factors and failure to apply mitigating factors. We hold that the evidence is sufficient, but we hold that the trial court erred in sentencing. Adams's sentence is modified to reflect a total sentence of forty years, and Holt's sentence is modified to reflect a total sentence of twelve years.

Sullivan Court of Criminal Appeals

State vs. Jeffrey Wayne Adkisson
E1999-01316-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: E. Eugene Eblen
The defendant, convicted of one count of D.U.I., argues that the evidence was insufficient and that a police report submitted as evidence was unfairly redacted. After review, we find no reversible error and therefore affirm the judgment from the trial court.

Morgan Court of Criminal Appeals

State of Tennessee vs. Douglas Bowers
M1999-00778-CCA-R3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Judge W. Charles Lee

A Lincoln County jury convicted the appellant, Douglas Bowers, of one (1) count of the delivery of 0.2 grams of cocaine, a Class C felony. The trial court sentenced the appellant as a Range II offender to nine (9) years and six (6) months incarceration. On appeal, the appellant contends that: (1) the evidence is insufficient to sustain his conviction; (2) the trial court erred in denying the appellant's request to instruct the jury on the "procuring agent defense"; and (3) the sentence imposed by the trial court was excessive. After thoroughly reviewing the record before this Court, we conclude that the state presented sufficient evidence to sustain the appellant's conviction for delivery of a Schedule II controlled substance. Furthermore, because the "procuring agent defense" has been abolished by statute, the trial court did not err in failing to so instruct the jury. Finally, we conclude that the sentence imposed by the trial court was appropriate. The judgment of the trial court is affirmed.

Lincoln Court of Criminal Appeals

State of Tennessee v. John H. Childress
M1999-00843-CCA-R3-CD
Authoring Judge: Judge David H. Welles
Trial Court Judge: Judge Frank G. Clement, Jr.

The Defendant was found guilty by a Davidson County jury of driving with a blood alcohol concentration of .10 percent or more (D.U.I. per se) and driving on a revoked license. In this appeal as of right, he argues that the trial court erred by admitting the results of his breathalyzer test because the admission of this evidence in a D.U.I per se case violates a defendant's confrontation rights. We hold that the trial court did not err by admitting the Defendant's breath test results. Accordingly, we affirm the Defendant's conviction.

Davidson Court of Criminal Appeals

Frank Holiday v. State of Tennessee
M1999-01010-CCA-R3-PC
Authoring Judge: Judge L. Terry Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant/petitioner, Frank Holiday, appeals as of right from a dismissal of his petition for post-conviction relief by the Davidson County Criminal Court on the basis that the petition was barred by the statute of limitations. The petitioner, pro se, presents one appellate issue: Did the trial court err in failing to appoint counsel and conduct an evidentiary hearing in this matter, in view of the egregious failure of counsel to protect the petitioner's right to an appeal, and if not, is the petitioner entitled to a delayed appeal?

Davidson Court of Criminal Appeals

State vs. Jeffrey L. Hammons
M1999-00756-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: J. O. Bond

Wilson Court of Criminal Appeals

State vs. Jayson Soriano
M1999-00999-CCA-R3-PC
Authoring Judge: Judge David H. Welles
Trial Court Judge: Seth W. Norman

Davidson Court of Criminal Appeals

State vs. Glenn A. Saddler
M1999-00934-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: James O. Bond

Wilson Court of Criminal Appeals

State vs. DeJuan Jacques Scott
M1999-01672-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Cheryl A. Blackburn

Davidson Court of Criminal Appeals

Durroccus D. Harris vs. State
M1999-02171-CCA-R3-PC
Authoring Judge: Judge Gary R Wade
Trial Court Judge: James K. Clayton, Jr.

Rutherford Court of Criminal Appeals

State of Tennessee v. Christopher D. Thacker
M1999-01426-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: J. Curtis Smith

Sequatchie Court of Criminal Appeals

State vs. James Malcolm Davis
M2000-00089-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Stella L. Hargrove

Wayne Court of Criminal Appeals

State vs. David Barron
W1999-01134-CCA-R3-PC
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: C. Creed Mcginley

Carroll Court of Criminal Appeals

State vs. Sonny Yarbro
W1999-01469-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Carolyn Wade Blackett

Shelby Court of Criminal Appeals

State of Tennessee v. Sonny Yarbro
W1999-00770-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

State vs. Lawrence White
W1999-00735-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

State vs. Scotty Murphy
W1999-00728-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: C. Creed Mcginley

Hardin Court of Criminal Appeals

State vs. Mark Steven Marlowe
E1998-00873-CCA-R3-CD
Authoring Judge: Judge Gary R Wade
Trial Court Judge: W. Lee Asbury

Union Court of Criminal Appeals

State vs. John Farner
E1999-00491-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: R. Jerry Beck

Sullivan Court of Criminal Appeals